Excelsior Correspondent
JAMMU, Oct 8: In a significant order, the State High Court has allowed the writ petition filed by the Settlement Assistants, who were appointed in the year 2008, and directed the Government to consider the petitioners for their deputation to undergo patwar training.
After hearing Advocate W S Nargal for the petitioners and Advocates Altaf Haqani and H A Saddiqui for the respondents, Justice Muzaffar Hussain Attar observed, “on the basis of material available on record and in view of the submissions made at bar by the counsel for the parties, it prima facie emerges that respondents are duty bound to consider the claim of the petitioners (Settlement Assistants) for their deputation for undergoing patwar training, notwithstanding the fact that they are not graduates”.
“In view of Government Order No.258 Rev(s) of 2005 dated September 27, 2005, Government Order No.259 Rev (s) of 2005 dated September 27, 2005, communications dated January 6, 2009 and September 15, 2011, the Government as model employer is to abide by its commitment in as much as at the time of appointment of petitioner, they were eligible in terms of rules which have been amended vide SRO-74 of 2009 dated March 31, 2009”, the Court said.
“If the claim of the respondents is accepted that the petitioners in view of the SRO are ineligible then fate of the petitioners would remain in limbo, which situation cannot be countenanced both in equity and law”, the High Court said, adding “petitioners were admittedly eligible in terms of rules for being deputed for undergoing patwar training when they were appointed as Settlement Assistant in the year 2008”.
The High Court further said: “The respondents/Government is bound by the earlier orders and shall have to consider the claim of the petitioners by deputing them for undergoing patwar training even as one time exception. In view of over all facts and circumstances of the case, it is safely concluded that the petitioners were eligible and accordingly appointed as Settlement Assistants. They shall have to be deputed for undergoing patwar training. This appears to be the commitment made by the respondents to the petitioners in view of orders and communications. The respondents are bound by their commitment and cannot be permitted to wriggle out of it to the detriment of rights of the petitioners”.
With these observations, Justice Muzaffar Hussain Attar disposed of the petitioner with the directions to the respondents to consider the claim of petitioners for their deputation to undergo patwari training within a period of eight weeks. The High Court also vacated the interim order passed on June 2, 2012 thereby permitting the respondents to depute those petitioners, who were selected by BOPEE for undergoing patwar training.
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